Subclass 884 — Contributory Aged Parent (Temporary)

884.1—Interpretation

Note: Australian permanent resident, aged parent, eligible New Zealand citizen, close relative, guardian, outstanding, parent visa and settled are defined in regulation 1.03, balance of family test is defined in regulation 1.05, parent is defined in subsection 5(1) of the Act (also see regulation 1.14A), de facto partner is defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in section 5F of the Act (also see regulation 1.15A).

884.2—Primary criteria

Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

884.21—Criteria to be satisfied at time of application

884.211

(1) The applicant is:

(a) the holder of a substantive visa (other than a Subclass 771 (Transit) visa); or

(b) a person who:

(i) is not the holder of a substantive visa; and

(ii) immediately before ceasing to hold a substantive visa, was not the holder of a Subclass 771 (Transit) visa; and

(iii) satisfies criterion 3002.

(2) Subclause (1) does not apply to an applicant if the applicant withdrew an application for a Subclass 804 (Aged Parent) visa at the time of making the application for the Subclass 884 (Contributory Aged Parent (Temporary)) visa.

884.212

(1) The applicant is:

(a) either:

(i) the aged parent of a person (the child) who is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(ii) the holder of a substituted Subclass 600 visa and the parent of a person (the child) who is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; and

(b) sponsored in accordance with subclause (2) or (3).

(2) If the child has turned 18, the applicant is sponsored by:

(a) the child; or

(b) the child’s cohabiting spouse or de facto partner, if the spouse or de facto partner:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen.

(3) If the child has not turned 18, the applicant is sponsored by:

(a) the child’s cohabiting spouse, if the spouse:

(i) has turned 18; and

(ii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(b) a person who:

(i) is a relative or guardian of the child; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(c) if the child has a cohabiting spouse but the spouse has not turned 18—a person who:

(i) is a relative or guardian of the child’s spouse; and

(ii) has turned 18; and

(iii) is:

(A) a settled Australian citizen; or

(B) a settled Australian permanent resident; or

(C) a settled eligible New Zealand citizen; or

(d) a community organisation.

884.213

If the applicant is not the holder of a substituted Subclass 600 visa, the applicant satisfies the balance of family test.

884.22—Criteria to be satisfied at time of decision

884.221

The applicant continues to satisfy the criterion in subclause 884.212(1).

884.222

A sponsorship of the kind mentioned in clause 884.212, approved by the Minister, is in force, whether or not the sponsor was the sponsor at the time of application. Note: The applicant may seek the Minister’s approval for a change of sponsor as long as the new sponsor meets the description in clause 884.212.

884.224

The applicant satisfies the public interest criteria mentioned for the applicant in the item in the table that relates to the applicant.

Item If the applicant … the public interest criteria to be satisfied by the applicant are ... 1 was not the holder of a substituted (a) 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4020 Subclass 600 visa at the time of and 4021; and application (b) if the applicant had turned 18 at the time of application—4019 2 was the holder of a substituted (a) 4001, 4002, 4003, 4007, 4009, 4010, 4020 and Subclass 600 visa at the time of 4021; and application (b) if the applicant had turned 18 at the time of application—4019

884.225

If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

884.226

Each member of the family unit of the applicant who is an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa:

(a) must satisfy the public interest criteria mentioned in the item in the table that relates to the applicant; and

(b) if the member of the family unit has previously been in Australia—must satisfy the special return criteria mentioned in the item in the table that relates to the applicant.

Item If the applicant … the public interest criteria to be and if the member of the satisfied by the member of the family unit has previously family unit are … been in Australia, the special return criteria are … 1 was not the holder (a) 4001, 4002, 4003, 4004, 4005, 5001, 5002 and 5010 of a substituted 4009, 4010 and 4020; and Subclass 600 visa at (b) if the applicant had turned 18 at the time of the time of application—4019 application 2 was the holder of a (a) 4001, 4002, 4003, 4007, 4009, 5001, 5002 and 5010 substituted Subclass 4010 and 4020; and 600 visa at the time (b) if the applicant had turned 18 at of application the time of application—4019

884.227

Each member of the family unit of the applicant who is not an applicant for a Subclass 884 (Contributory Aged Parent (Temporary)) visa must satisfy the public interest criteria mentioned in the item in the table that applies to the applicant.

Item If the applicant was … the public interest criteria to be satisfied by the member of the family unit are ... 1 not the holder of a substituted (a) 4001, 4002, 4003, 4004; and Subclass 600 visa at the time (b) 4005, unless the Minister is satisfied that it would be of application unreasonable to require the person to undergo assessment for that criterion 2 the holder of a substituted (a) 4001, 4002 and 4003; and Subclass 600 visa at the time (b) 4007, unless the Minister is satisfied that it would be of application unreasonable to require the person to undergo assessment for that criterion

884.228

If a person (the additional applicant):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

(c) made a combined application with the applicant;

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

884.229

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

884.3—Secondary criteria

884.31—Criteria to be satisfied at time of application

884.311

Either:

(a) the applicant is a member of the family unit of, and made a combined application with, a person who satisfies the primary criteria in Subdivision 884.21; or

(b) each of the following applies:

(i) the applicant is a member of the family unit of a person (the other applicant) who:

(A) has applied for a Contributory Aged Parent (Temporary) (Class UU) visa; and

(B) on the basis of the information provided in his or her application, appears to satisfy the primary criteria in Subdivision 884.21;

(ii) the Minister has not decided to grant or refuse to grant the visa to the other applicant.

884.312

A sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:

(a) is in force; and

(b) includes sponsorship of the applicant.

884.32—Criteria to be satisfied at time of decision

884.321

Unless the applicant is a contributory parent newborn child, the applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 884 (Contributory Aged Parent (Temporary)) visa.

884.322

One of the following applies:

(a) a sponsorship of the kind mentioned in clause 884.212 of the person who satisfies the primary criteria, approved by the Minister:

(i) is in force; and

(ii) includes sponsorship of the applicant;

whether or not the sponsor was the sponsor at the time of application.

(b) the applicant is a contributory parent newborn child who is sponsored by the person who sponsored the contributory parent newborn child’s parent

for a Subclass 884 (Contributory Aged Parent (Temporary)) visa or a Subclass 864 (Contributory Aged Parent) visa, and the contributory parent newborn child’s sponsorship has been approved by the Minister;

(c) the applicant is a contributory parent newborn child who is taken to be sponsored in accordance with clause 884.322A.

884.322A

A contributory parent newborn child is taken to be sponsored if:

(a) the contributory parent newborn child’s parent is taken to be sponsored in accordance with subclause 864.213(4); or

(b) the following criteria apply in relation to the contributory parent newborn child’s parent:

(i) the parent is the holder of a Subclass 864 (Contributory Aged Parent) visa at the time of the contributory parent newborn child’s application;

(ii) the person who sponsored the parent for the Subclass 864 (Contributory Aged Parent) visa has died; or

(c) the following criteria apply in relation to the contributory parent newborn child’s parent:

(i) at the time of the contributory parent newborn child’s application, the parent is the holder of:

(A) a Subclass 884 (Contributory Aged Parent (Temporary)) visa; or

(B) a bridging visa, and the last substantive visa held by that parent was a Subclass 884 (Contributory Aged Parent (Temporary)) visa;

(ii) the person who sponsored the parent for the Subclass 884 (Contributory Aged Parent (Temporary)) visa has died.

884.323

For an applicant who is not a contributory parent newborn child, the applicant satisfies the criteria mentioned for the applicant in an item in the table that relates to the applicant.

Item If the applicant is a member of the family unit of the public interest criteria to be a person who is mentioned in clause 884.321, satisfied by the applicant are ... and the person … 1 was not the holder of a substituted Subclass 600 (a) 4001, 4002, 4003, 4004, 4005, 4009 visa at the time of application and 4010; and

(b) if the applicant had turned 18 at the time of application—4019

2 was the holder of a substituted Subclass 600 visa at (a) 4001, 4002, 4003, 4007, 4009 and the time of application 4010; and

(b) if the applicant had turned 18 at the time of application—4019

884.324

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

884.325

If the applicant has previously made a valid application for another parent visa, that application is not outstanding.

884.326

If the applicant:

(a) is not a contributory parent newborn child; and

(b) has previously been in Australia;

the applicant satisfies special return criteria 5001, 5002 and 5010.

884.327

If the applicant is a contributory parent newborn child, the applicant has undergone any health checks that the Minister considers appropriate.

884.328

The applicant satisfies public interest criteria 4020 and 4021.

884.4—Circumstances applicable to grant

884.411

If the applicant is not a contributory parent newborn child, the applicant must be in Australia, but not in immigration clearance, when the visa is granted. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

884.412

If the applicant is a contributory parent newborn child, the applicant may be in Australia or outside Australia when the visa is granted.

884.5—When visa is in effect

884.511

If the applicant is not a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia for 2 years from a date specified by the Minister for the purpose.

884.512

If the applicant is a contributory parent newborn child: temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.

884.6—Conditions: Nil.